Slip and Fall / Premises Liability: Injured

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Slip and Fall and Premises Liability

Slip and Fall / Premises Liability: Under this theory, the owners and occupiers of land or property owe a legal responsibility for accidents and injuries that occur on their property. These laws are largely dependant on state law and vary from state-to-state. What's usually important in these cases is to look at the status of the injured. Where they a trespassor or were they invited to the property? The status of the injured person with regards to the property might play a role in determining duty, depending on the state. Courts might also look at the condition of the property. Finally, there may be special laws applying to landlords and lessors of property.


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Schools are entrusted with more than just the education of their students, they are entrusted with the safety of the children they seek to educate. When a student is injured due to a school’s failure to keep the student safe, the student will likely have an injury claim that can be brought against the school.

School injuries can occur for many different reasons. Most injuries tend to be the result of school sponsored sports. However, fights, accidents, and even assaults on school property can result in injuries that a school can be held liable for. Like any other public or private establishment or business, a school has a duty to keep their premises safe. Students that suffer injuries on school property as a result of poor maintenance, or a dangerous condition, like a wet floor, will likely have a premises liability claim.

Property owners often ask: Am I liable if a child is injured on my property? And, like nearly every question concerning legal liability, the answer is always: it depends. Just because an injury occurred on your property, it doesn’t automatically mean you are liable. However, for property owners, and even renters, if any person is injured on their property due to their negligence, then there is potential for legal liability.

When it comes to children, there is additional exposure to liability if your property contains what is known as an attractive nuisance, or you have agreed to supervise a play date or babysit.

Injury cases are often highly controversial. For example, people often disagree strongly about whether legal remedies are required to compensate for an injury, or whether the person received a fair or excessive amount.

In this context, there are numerous myths surrounding personal injury lawsuits. Here are the top three:

Any time a person is injured, the first thing the injured person should be concerned with is their injury. However, if you are injured while shopping, there may be legal considerations that, if you are able to remember, could be the evidence you never thought you’d need.

When a person is injured in a store, their first thought is rarely about suing the responsible party. However, if the injury happens at a retail store, it’s a good idea to immediately gather some evidence as your legal case could depend on it, and those types of injuries frequently lead to legal claims.

Life in a nursing home is rarely any person’s ideal living arrangement, and when things go wrong, it can often leave nursing home residents confused about their legal remedies. Nursing homes are like a mix between hotels and hospitals, which can both be held liable, like any premises’s owner, for a slip and fall injury if it involved negligence.

Cases against nursing homes often present challenges and obstacles outside the legal variety of proving that it happened. Oftentimes, residents are afraid of making claims for fear of retaliation, or residents are unable to make a claim because of a physical disability. It is important to remember, especially if you are helping an elderly friend or relative, that they likely must continue to live there and may be uncomfortable with making a claim but not say anything to you.

A Salem, Oregon teen is suing his former school district after he suffered a traumatic brain injury as a result of slipping in another student's vomit on the basketball court. The lawsuit alleges that after a student vomited on the basketball court, the area was either not properly cleaned or not properly dried, and 15 year old Robert Amarillas, while playing basketball during an open gym session, slipped and fell on the vomit, or liquid left behind after cleaning it up.

The school district issued a statement in response to the previously filed lawsuit by Mr. Amarillas, which appears to have been voluntarily dismissed and just recently refilled. In their response, the district asserts that Mr. Amarillas was to blame for his own injuries, or perhaps someone else's misconduct was to blame. This case is not a typical negligence case as it involves not only premises liability, but school premises liability.

All too frequently people sign contracts or agreements without bothering to read them. They just sign each blank that’s highlighted, or every line marked with a X. For plaintiff Patricia Evans from Pennsylvania, this proved to be the error that ended her injury case against the gym chain LA Fitness.

In November 2014, while working out under a personal trainer’s direction, the 63 year old was doing suicide runs when she fell and fractured her wrist. She alleged that her trainer was pushing her to go faster when the fall and fracture occurred. The fitness company prevailed on summary judgment, meaning that a trial never happened and a jury never heard the case, because Ms. Evans signed a release of liability form.

Joyce Little-Thomas was recovering from respiratory treatment at Select Specialty Hospital in 2009 when she was sexually assaulted and raped by Warren Butler, a certified nursing assistant at the facility. Little-Thomas sued the Augusta-based hospital for negligent hiring, retention, and supervision of Butler, on the grounds that the hospital knew he could be a danger to patients and did nothing.

Her lawsuit was finally settled last month, on the eve of trial, with Select Specialty paying an undisclosed amount to avoid a trial. So how is the hospital on the hook for its employees' actions? Here's a look.

Touring a haunted house attraction is supposed to be scary. If you rub shoulders with the Grim Reaper, you can count that as having a good time. But the dangers aren't supposed to be real. If they are, and if someone gets injured, the haunted house may face real legal liability.

In 2014, a woman was severely injured while attending the Erebus Haunted House in Pontiac, Michigan after a moving wall caused her to slip and fall. She sustain multiple fractures as well as other injuries.

Ms. Turner's lawsuit alleged that she was knocked down in an area with inadequate lighting. Mr. Terebus, owner of the Erebus Haunted House, has only commented that the operation is safe and that it has been in operation for a long time. This month, the case settled for $125,000.

Like most of us, 60-year-old Etelvina Jimenez thought she was doing the healthy thing by hopping on a gym's treadmill to get some exercise. But when Jimenez fell she joined nearly half a million Americans who are injured by exercise equipment every year.

Jimenez's brain injuries were severe and now she's suing the gym, claiming it violated safety standards by placing treadmills too close to other equipment.